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HomeMy WebLinkAboutOrdinance No. 777 CITY OF THE COLONY, TEXAS ORDINANCE NO. 777 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AMENDING SECTION 10 OF APPENDIX A-ZONING RELATING TO USE OF LAND AND BUILDINGS BY AMENDING SUB-SECTION 10-900 RELATING TO SPECIFIC USE PERMITS; PROVIDING TIME LIMIT REQUIREMENTS; PROVIDING FOR CERTAIN CONDITIONS OF APPROVAL; REQUIRING COMPLIANCE WITH TIME LIMITS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Section 10-900 shall be amended by amending 10-903 to read as follows: "Sec. 10-900 Specific Use Permits. (I0-903) There shall be time limits imposed as a condition of specific use permits. If the use granted by the specific use permit has not been initiated on the parcel within one (1) year from the date of issuance of the specific use permit, the specific use permit automatically terminates and the parcel loses the use permitted by this specific use permit and only those uses permitted by the current base zoning shall be permitted; provided, however, the city council may, after public hearing and recommendation by the planning and zoning commission, and after conducting a public hearing as is required for all amendments of Section 24, authorize an extension of the time that the specific use permit will continue in force and at the end of that time limit the specific use permit automatically terminates unless the same procedures as above are complied with and in which case an additional extension may be granted. Should the use as granted by the specific use permit on the parcel be vacated, the specific use permit shall remain in place for a period of sixty (60) days from date of vacation. At the end of sixty (60) days from date of vacation, the specific use permit shall terminate and may only be extended through the above named procedure. If the permitted use is re-instated within sixty (60) days from date of vacation the specific use permit shall remain in place. Section 2. This ordinance shall be cumulative of all other ordinances of the City affecting zorfing and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 3. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not more than Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 5. The fact that the present zoning ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage and publication as provided by law, and it is acc~l~dingly so ordained. PASSED AND APPROVED this Z_q_2-~day~1992.~ I I~^ .II William W. Man-ning May-or ATI'EST: Patti A. Hicks, CMC/AAE, City Secretary [SEAL] APPROVED AS TO FORM: Pete Eckert, City Attorney